Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-02-07
SLIGHTLY SENSATIONAL.
The State Legislature to Conyene-In-
timatlons of tho Employment OF

The State Legislature to COnyene-In-
timatlons Of tho employment OF
Force.
Correspondence st. Paul Pioneer Press.
De Smet, Feb. die who hesitates is
loss." The leaders Of the state move
ment have got beyond the period oI
hesitation. The only question now is,
Gan they obtain the necessary supper,
IN reconyening the state legislature and
starting the wheels of govern ment
They tnink they can, and already the
programme ls arranged for beginning
operations immediately upon the ad-
iournment OF the territorial legislature
ut Blsmarok. The plan does not con-
template any collision between the state
men and the federal authorities. Nor is
any anticipated, though il an attempt ie
made to dlsperse the gathering OF
Huron by force there will be resistance.
Dakota he's between seven and eight
hundred organized and drilled militia
About five hundred of these are located
south OF the forty-six parallel. Some Of
the chief officers have been sounded, and
with one exception they have declared
they would take no part in any attempt
to dispense the state. legislature or pre-
vent the inaug guration OF the state govern
ment. They would not assist in putting
1t IN operation or protecting it unlsas
companies fEom the outside were sum
moned, but then it is believed
that Coy. Mellette could rely on
400 men, at last, and this number
could be increased to 5000 if voluntee,
were called for.
But asI have said the plan does NOT
contemplate trouble of this kind. The
state treasurer will notify county treas.
urers to pay taxes to him. Those who
refuse will be proceeded against law
fully and enough is known of the opinion
OF at least two judges to warrant the
belief that proceedings to compel the
recognition of the state treasurer will be
sustained. a late letter on the subject
by Mr.. John A. Owen has attracted a
good deal of attention, and has convert.
ed many people to the notion that the
way to make state iB to make 1t and
waste no time about it. Mr.. o wen
quotes from the United States supreme
court in his letter regarding federal eu-
thority over the territories, as follows:
In the construction of this power by
all the departments OF the government
it has been to authorize the acquisition
OF territory not Git for admission at the
time but to be admitted as soon as its
population and situation entitle it to
admission. 1t is acquired to become a
state, and not to be held as colony and
government by congress with absolute
authority 80 The goiti1ens OF
the United States who migrate to ter.
ritory belonging to the people OF the
United States cannot be ruled as more
colonists, dependent upon the will Of the
general government and to be governed
by any Jaws it may think proper to i'm
pose. ~ - & power, there.
fore. in the general government to
obtain and hold colonies anaa dependent
territories, over which they might leRis,
late without restriction, would
be inconsistent with its own
existence in its present form. = = .
The serritory being part Of the United
States, the government and its citizsns
both enter it under authority of the
constitution, with their respective rights
defined and marked ont and the federal
government can exercise no power over
his person or property beyond what that
INSTRUMENT confers, nor lawfully DENY
any right which it has reserved. (19
Howard. 446 ~ Fl 'ss So. 1 s
Eyerything may remain quiet and the
state government be allowed To die a
natural death, bnt it lfboks now as if i,
would spring into very lively being
about the middta of MARCH, uuIess some
kind Of action is taken by congress or
the territorial legislatuYe.
q. fy.- II